The purpose of this chapter is to supplement the regulation provisions found in the city municipal code/zoning regulation. Regulations found in this chapter are not specifically addressed nor may they be appropriate for a specific zoning regulation chapter. Careful consideration is used to ensure that the provisions of this chapter will not conflict with the provisions of any other chapter of this title. If a conflict is determined, the provisions of the specific chapter shall apply. (Ord. 472-1988 § 1(part))

This chapter is intended to provide for a method to expedite the review, the processing, and city approval or denial for uses not itemized. The zoning regulation identifies uses by several different categories including permitted uses, conditional uses, nonconforming uses, and accessory uses. The regulation does not recognize uses that are not specifically addressed.

A.

The planning department will review any development proposal and determine if the proposal is for a use itemized or not itemized. If the use is not itemized this supplemental regulation shall be applicable.

B.

Within five working days after receipt of a development proposal for a use not itemized, the planning department shall recommend the proper zoning district classification, category, and process for said use.

C.

The applicant shall be notified of the planning department's recommendation and shall either elect to proceed with this process or not.

D.

If the applicant elects to proceed, the planning department shall place the proposal and recommended zoning regulation text amendment upon the next scheduled planning commission agenda for a public hearing. The hearing shall follow proper legal publication notification, property notification, and posting, as if the request was for a request to rezone and/or a conditional use permit.

E.

The planning commission shall first conduct a public hearing upon the zoning regulation amendment and offer its findings and recommendation. Next, the commission will conduct a public hearing, consider the proposal, and offer its findings and recommendation.

F.

The zoning regulation amendment will be forwarded to the city council for consideration. The council will conduct a public hearing, following the procedures described above in subsection (D) of this section, consider public comment, the planning commission's recommendation, and offer findings and decision of approval or denial.

G.

It should be noted that the applicant proceeds through this procedure at no liability to nor any absolute commitment from the city. The applicant shall pay the applicable filing fees and associated costs as provided for under Chapter 18.63 of this title. (Ord. 472-1988 §§ 1(part), 2)

A.

Intent. This section is intended to provide for a method to recognize nonconforming private riding stables that existed, as of the effective date of the ordinance codifying this section, to allow said stables to continue to exist in their existing condition and state of nonconformance, and to require that stables be brought to conform to existing standards when the stable is modified and/or when the use of the property for a private riding stable is discontinued in fact for two years or more and/or when the primary use of the property is changed.

B.

Findings. The city has authorized private riding stables to exist in the SR suburban residential and UR urban residential zoning districts since the city first adopted zoning regulations for the city on December 15, 1969. During the summer of 1988 an inventory of all private riding stables was completed to determine compliance with the applicable zoning standards and provisions. The findings of the inventory found that of the total of twenty-two active stables in the city none were determined to be in compliance with all of the applicable private riding stable provisions and standards.

The city has found that it is in its best interest, those of the stable property owners and adjacent property owners to stables to proclaim all of the stables nonconforming, to prescribe reasonable regulations to not require compliance at this time, to require the proper storage and removal of the manure in accordance with existing provisions, and to require that stables be brought to conform to existing standards when the stable is modified and/or when the use of the property for a private riding stable is discontinued in fact for two years or more and/or when the primary use of the property is changed.

C.

Compliance Required.

1.

The city planning department shall certify, upon the effective date of the ordinance codifying this section, an inventory of all existing private riding stables located within the city. The inventory shall be a permanent record, which identifies the provisions of noncompliance. The inventory shall be maintained by the planning department. Owners of property in which a private riding stable is located and inventoried shall be notified, by certified mail, that said stable is included within the inventory and that the provisions of this section shall apply to their stable.

2.

The city shall recognize all of the private riding stables included upon the inventory as existing and allow said stable to exist in its current state of nonconformance and existing conditions.

3.

The existing owner of an existing private riding stable shall be required to bring the stable into full compliance with applicable city code provisions when additional horses are kept or the stable is modified. For the purposes of this provision, the term "modified" or "modification" means any alteration of an existing stable that increases the size of or changes the location of the stable, except for any incidental repairs and maintenance required to keep the stable in safe condition. The city planning department shall require that a zoning/development permit be issued and approved as proof of compliance prior to the keeping of horses.

4.

Whenever the use of a private riding stable is discontinued in fact for two years or more, the owner shall be required to bring the stable into full compliance with applicable city code provisions before the stable may continue to be used as a private riding stable again. The city planning department shall require that a zoning/development permit be issued and approved as proof of compliance prior to the keeping of horses.

5.

When the primary use of the property is changed, the owner shall be required to bring the stable into full compliance with applicable city code provisions before the stable may continue to be used as a private riding stable again. The city planning department shall require that a zoning/development permit be issued and approved as proof of compliance prior to the keeping of horses.

6.

This section explicates that the manure storage and removal provisions of this code are to be complied with by the owners of all existing private riding stables and shall be enforced by the city.

7.

The provisions of this section shall not apply to newly established private riding stables; said stables shall be required to comply with the applicable city code provisions. The city planning department shall require that a zoning/development permit be issued and approved as proof of compliance prior to the keeping of horses. (Ord. 705-1997 § 15; Ord. 490 § 1, 1989; Ord. No. 1300-2017, § 1(Exh. A), 4-6-2017)

A.

Intent. This section is intended to prevent the construction of building structures within utility easements, drainage easements, and/or easements dedicated for any other public use. Further, this section is intended to reduce potential damage to people and property, to reduce the probability of excavation damage to infrastructure placed in said easements, to preserve the use of easements for their intended public use, and to allow for the future maintenance of infrastructure constructed in easements.

B.

Compliance Required.

1.

The construction of building structures shall be prohibited within utility easements, drainage easements, and/or easements dedicated for other public use.

2.

It shall be the responsibility of the landowner to identify any and all existing easements and current uses upon their property. When the location and use of an easement is not known, it shall be the responsibility of the landowner to locate it and its uses before the new construction is commenced.

C.

Relocation of Existing Building Structures and Existing and Allowed Nonpermanent Building Structures. Where existing building structures and existing and to be allowed nonpermanent building structures are installed within an easement, the city or utility provider may remove the same as necessary for the purpose of installing, inspecting and maintaining utilities and drainage facilities; the property owner shall be responsible for replacing said structures at his own expense and shall be required to reimburse the city or utility provider for removal costs. (Ord. 507-1990 § 1)

Short-term rental units shall be subject to the following regulations, provisions and standards:

A.

Licensing Requirement.

1.

All short-term rental units shall comply with title 5 business requirements and title 18 zoning requirements of this Code.

B.

Short-term Rental Unit Standards. The following standards shall apply to all short-term rental units within the city.

1.

Short-term rental units are not permitted in a rental apartment unit or a rental apartment building at any time in any zoning district.

2.

Short-term rental units are not permitted in bed and breakfast establishments, dormitories, campgrounds, RV parks, hotels, motels, mobile homes, and recreational vehicles (RVs) which include all vehicles that bear a vehicle identification number (VIN), cabins and other structures without installed water, power and sewer facilities, tents, teepees, campers and other temporary structures at any time in any zoning district.

3.

No short-term rental shall be operated in such a way as to constitute a nuisance.

4.

The maximum number of occupants that are permitted in a short-term rental shall be two people per legal bedroom plus an additional two people. Notwithstanding the foregoing, the maximum occupancy per short-term rental unit shall be twelve occupants.

5.

Large events, such as (but not limited to) concerts, parties and weddings, exceeding the maximum number of permitted occupants are prohibited.

6.

All short-term rental units shall provide a minimum of two off-street, on-site parking spaces for guest vehicles, and all short-term rental units with more than two bedrooms shall provide a total of one parking space per bedroom. Off-street, on-site parking shall be utilized first with no overnight, overflow parking on the street allowed.

7.

To operate a primary residence as a short-term rental, at least one of the primary residents must live on-site throughout the visitor's stay.

(Ord. No. 1469, § 4, 12-12-2023)